Individual Registration

Participant Declaration

1. I will follow any rules, directions and/or instructions set by or from Camp Somerset, including any officers, employees, agents, contractors, franchisees or assigns of Camp Somerset in connection with the Camp (rules). If I fail to comply with these rules I will not be permitted to participate or to continue to participate in the Camp.

2. During the Camp you will participate in a range of activities such as roping (e.g. abseiling, rock climbing), water (e.g. canoeing, swimming), initiative based and challenge courses (e.g. high ropes course in trees at a height of up to 15 metres in a forest environment), team building exercises, navigation training, hiking, cooking, bushcraft, archery, camping in tents and campcraft including farm to fork program (together, the Activities). These Activities are not risk free and serious accidents or injury can happen as a result of mistakes and inattention; rough terrain and obstacles; overexertion; heat, cold or other adverse weather conditions; plant and animal life (including venomous insects and snakes); and accidents with vehicles or other participants in the Camp, no matter how much care we all take. The Camp is in a semi-rural location and emergency services may take longer than expected to arrive.

3. I understand not all risks can be predicted or prevented however much care is taken. I may face harm by participating in the Camp which may result in personal injury, death or property damage.

4. I acknowledge that the Activities may be undertaken with one or more other persons as part of a group and that Camp Somerset is not liable for the actions of other participants in the group activity.

5. By signing below, I acknowledge and agree that the risks associated with the Activities and/or recreational services. I undertake any such risk voluntarily and at my own risk.

6. I agree and undertake the risks of attendance at Camp Somerset voluntarily and at my own risk. I acknowledge that the warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2002 (NSW).

7. I understand that Camp Somerset (as a supplier of recreational services) asks me to agree that the statutory guarantees under the Australian Consumer Law (in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) and /or the Fair Trading Act 1987 No. 68 (NSW) do not apply to me.

8. By agreeing to these terms and conditions, I agree that those statutory guarantees do not apply to me. I agree that my rights to sue Camp Somerset in relation to the recreational services or activities that I undertake because the recreational services or activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.

9. I agree that the liability of Camp Somerset in relation to the Activities (as defined by the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2002 (NSW)) for any:

1. Death;
2. Physical or mental injury (including the aggravation, acceleration, or recurrence of such an injury);
3. The contraction, aggravation, or acceleration of a disease;
4. The coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:
   1. That is or may be harmful or disadvantageous to me or the community; or
   2. That may result in harm or disadvantage to me or the community;

that may be suffered by me resulting from the supply of the recreational services or recreational activities is excluded. I acknowledge and agree that the above provision operates to exclude the liability of Camp Somerset as a result of a breach of an express or implied warranty that the recreational services will be rendered with reasonable care and skill in accordance with section 5N of the Civil Liability Act 2002 (NSW).

10. I:

1. unconditionally release, waive, discharge and forever hold harmless, Camp Somerset or any of its employees, agents, directors or officers, from any Claims as a result of any personal injury sustained, whether caused by Camp Somerset’s negligent act or wilful act or omission, breach of contract, breach of statutory duty, error, or otherwise in connection with or arising from my participation in any Activities at the Camp; and agree to indemnify and keep indemnified Camp Somerset in respect of any such Claims.
2. release and indemnify Camp Somerset against any Claim which may be made by me or on my behalf for or in respect of or arising out of my death whether caused by the negligence or breach of contract by Camp Somerset or in any other manner whatsoever; and
3. indemnify and will keep indemnified Camp Somerset to the extent permitted by law in respect of any Claim by any person,

Claim means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence, (but not gross negligence) by any person expressly entitled to make a claim under any applicable insurance policy.

11. The releases and indemnities in item 10 shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the gross negligence of Camp Somerset.

12. I am and must continue to be medically, mentally and physically fit and able to undertake and participate in the Camp. I acknowledge that Camp Somerset relies on information provided by me and that all such information is accurate and complete.

13. I agree to abide by any of Camp Somerset’s rules, and any direction or instruction given to me by Camp Somerset during the course of the Activities. I agree to use and/or wear any equipment given to me by Camp Somerset.

14. I agree that if I suffer any injury or illness, Camp Somerset may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment and agreement to reimburse Camp Somerset for any expenses incurred.

15. I have not consumed any alcohol or mind altering substance, or medication that may impact my judgement or physical capacity, before or at the time of engaging in the Activities. If I have been prescribed medication that may affect my judgement by a medical practitioner, I will advise Camp Somerset.

I, the parent/guardian with legal responsibility for the Participant behaviour and acknowledge, understand and accept all of the above terms and consent to his/her release as provided above. I release and agree to indemnify and hold harmless Camp Somerset from any and all liabilities arising from my minor child’s involvement or participation in the Camp and associated Activities and/or recreational services.